Sunday, 30 March 2014

We are in the process of another constitution making. If you agree, what’s your take on the arrangement?

Let me correct the impression that we are in the process of another
constitution making. The National Conference, as constituted by the
President, lacks the capacity to draft a constitution to be submitted to
the people for approval through a referendum.

It doesn’t have the
capacity, so it does not entail a constitution making at all. That is
something we have to realize, arising from the nature and type of the
conference as constituted or established by the President.

The reason for this is that the conference is not established by
virtue of any law enacted by the National Assembly. The convocation, its
composition, its functions, its modus operandi are not catered for by
law.

It is established entirely by virtue of the inherent powers of the
President under Section 5 of the constitution. With its limited
functions, its establishment is within the immediate powers of the
President.

The conference not established under a law enacted by the
legislative authorities of the country cannot adopt a constitution. It
lacks the capacity to draft a constitution that will be binding on
everybody as law.

At best, what do you think would come out of this exercise?

Nothing, it’s just a talk-shop. We must realize that it’s a
talk-shop. It’s functions are merely deliberative and advisory. So,
there is no harm in talking. If they talk for three months, something
good may come out of it but, certainly, not the adoption of a new
constitution.

As it is, how can we make the best out of the present arrangement for the good of the country?

We have to decide first: what do you want as a country? What we want is a
new, better and united Nigeria. That is what we want.

There is no way
you can get it from this conference. Even if you talk for one year,
there is no way you can get it in this conference, we must all realize
this. You can get something, but not a new and united Nigeria. You can’t
because of the limitations of this conference. It has no powers, it has
only functions.

There is a difference in law between powers and functions. This
conference doesn’t have the powers to bind you and me, to affect the
legal relations of you and me, or the legal rights of you and me.

It
doesn’t have continue reading the powers, that is what powers entail. It has only functions,
deliberations, talking. You can talk for one year but what can come out
of the talking is another matter.

You are one of those who convinced President Jonathan to go
for National Conference. But the way you sound, it’s as if you are
disappointed with the turn of things…

That is correct. I led the delegation of The Patriots to the
President on August 29, 2013, and I think we were able to persuade him.

The so-called u-turn made by the President is as a result of that
meeting. But the conference we asked him to convene is totally different
from what he has now established. There are totally two different
things.

We were looking for a conference that will have the power to adopt a
new constitution for Nigeria, that will be submitted to the people at a
referendum for approval. That was what we were asking for, and we were
asking for a conference of ethnic nationalities. I will come to that
later.

On the first aspect, what we have now that the President has given us
is a conference that lacks power to adopt a new constitution that will
be submitted to the people at a referendum for approval.

What the
President said, in his speech at the inauguration about referendum is so
confusing. I don’t know what the President means.

He said: “Let me, at this point, thank the National Assembly for
introducing the provision for a referendum in the proposed amendment of
the constitution.

This should be relevant for the conference if, at the
end of the deliberations, the need for a referendum arises.

I therefore
urge the National Assembly and state Houses of Assembly to speed up the
constitutional amendment process especially with regard to the subject
of referendum.”

What does this mean? How can the need for a referendum arise when the
conference does not have as its purpose the adoption of a constitution?

So, what are you subjecting to a referendum? When we talk about
referendum, it’s in relation to a constitution. So, how can the need
arise when the purpose of the conference is not the adoption of a
constitution and when the conference lacks competence to adopt a
constitution?

The President, at a time, was talking about subjecting the outcome of
the conference to the consideration of the National Assembly…

You mean for the National Assembly to subject it to a referendum? No,
that’s not what this conference states. When you critically examine that
statement by the President, it is deliberately intended to confuse.

Some people have said that the President based the conference
on modalities or template established by the Senator Femi Okuronmu
Presidential Advisory Committee on National Conference. Do you agree?

Yes, to a large extent. If you read the report, it was the Okuronmu
committee that recommended that there are two alternatives that the
conference should be based on. One, is to establish a conference that
will be authorized by an enabling law of the National Assembly and that
the alternative is to establish a conference by virtue of the
President’s inherent powers.

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